State v. Sutton

The opinion of the Court was delivered by

STEIN, J.

This appeal concerns the scope of a court’s discretion when resentencing a defendant for violation of the conditions of a probationary term based on proof of a subsequent criminal conviction. We consider whether, following revocation of probation, a court may impose either a term concurrent or consecutive to the sentence received for the subsequent offense, or whether N.J.S.A. 2C:44-5f(3) requires that any sentence imposed for the violation of probation be consecutive to the sentence imposed for the subsequent offense.

I

In January 1989,…